It is admitted that the said Will's creek is the eastern
boundary of one of the manors long since directed to be laid
out in the lands to the westward of Fort Cumberland; it is
admitted, also, that Francis Deakins, who was appointed by
the executive to lay down lands to the westward of Fort
Cumberland, did not lay down any lands eastward of Will's
creek:
The dispute turns upon this single point, whether or not
under all circumstances, lands to the westward of Fort
Cumberland must be understood to comprehend all lands lying
westward of a line drawn from the most western corner of the
fort, due north, to the Pennsylvania line; or whether the said
creek, which is adapted by nature to serve as a boundary,
ought not to be considered as the eastern limit of the said
lands.
At the instance of the parties, the chancellor takes the
liberty of requesting the opinion of the honourable the judges
of the general court, whether or not, on the facts stated, the
grant aforesaid to Dickeson Simkins is to be held void in a
court of law.
The chancellor begs leave to refer their honours to those
acts of assembly, also to state some other things, which he
deems material to the question.
November 1781, ch. 20 sec. 2, appropriates all vacant lands
to the westward of Fort Cumberland to the benefit of the
soldiers of the Maryland line.
November 1784, ch. 75 sec. 3, and 6, enacts, that all grants
for land lying within any manor to the westward of Fort
Cumberland, and all grants issued, or to be issued, for lands
to the westward of Fort Cumberland, on surveys or
resurveys, in which vacancy is included made in virtue of
warrants granted on or after the sixth day of October 1774, shall
be void, and so held, and adjudged, in all courts of law and
equity.
The resolves of April session 1787 direct the executive to
appoint a person to lay down into lots the manors, and such
parts of the reserves, and vacant lands, lying to the westward
of Fort Cumberland, as he may think capable of
improvement:¾Under this act Francis Deakins was appointed; and
he accordingly laid down the lots, and returned a plat, which
is deposited in the land office.
November 1788 ch. 44, sec. 13, enacts, that any of the
lands lying to the westward of Fort Cumberland, not therein
appropriated, and to affect which no warrant had been issued,
shall be liable to be taken up by warrant.
The lands appropriated by that act were 4165 lots laid out
by Deakins to the westward of Will's creek,¾and David
Lynn, considering the land in question liable to be taken up
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